On 18 March 2020 the Prime Minister of Malaysia had announced a Movement Control Order (MCO). What was initially a short-term measure to contain and prevent the spread of this dangerous virus turned out to be the longest period where nearly all Malaysia’s economy experienced a complete halt. This unforeseen hiatus which was not anticipated by many companies has affected huge swathes of businesses. Agreements and contracts which were entered before the MCO could not be completed due to the MCO. Some contractual obligations could not be completed in accordance to the time imposed by the contract. In the worst of cases, some obligations could not even be performed because the MCO had radically altered the situation. On the other hand, there are (and there will always be) parties who will raise MCO as a convenient excuse to avoid fulfilling their contractual obligations.
What can your company do when the defaulting party refuses to fulfill its part of the agreement? How can you differentiate between a genuine plight and one who wants to take advantage of the situation? What legal implications do these actions have on your company? What options are open to your company in such situations?
This course is not designed to make you an expert in Contract Law. Instead, it aims to increase your awareness of the many legal issues that may arise in the daily operation of your business, particularly in the areas of Contract.
Being aware of these decisions and actions which your company makes daily, a basic understanding of the areas above can help you spot potential legal issues as they crop up, make better judgment calls and decisions and know when to seek legal help.
Executive, Non-Executive, Middle Management, Supervisory Employees (i.e. Technician) and whoever may benefit from this seminar.
This Live Online / Virtual Training session will be conducted via a Live Streaming Platform in which the trainer will use interactive lecture and slide presentation to cover the modules stated below.
Module 1: Law of Contract (1)
• Definition and Nature of Contracts
• Basic Elements for a Valid Contract
• Intention to Create Legal Relation
• Capacity to Contract
Module 2: Law of Contract (2)
• Privity of Contract
• Terms of a Contract
• Voidable and Void Contracts
• Discharge of Contract by Force Majeure
• Discharge of Contract by Frustration
• Remedies in Contract
Mark practiced law before he joined the academia. He obtained his LLM from UM and is actively involved in research and publication. His research interest is in Comparative Constitutional Law and Malaysian Land Law. He has edited several Annotated Statues of Malaysia, published both by LexisNexis and the Legal Review
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